A federal advocacy group that advocates for the protection of consumer rights is taking on the Quebec government for its attempts to censor the Internet.

The Public Interest Advocacy Centre, a registered charity, filed an application Monday with the Canadian Radio-television and Telecommunications Commission in objection to Bill 74, a law passed earlier this year that gives Loto-Québec, the provincial gambling authority, the power to order Internet Service Providers to block its online competitors.

The federal Telecommunications Act says the CRTC has to approve when a Canadian carrier can “control the content or influence the meaning or purpose of telecommunications carried by it for the public.” On the other hand, Bill 74 allows the Province of Quebec to tell carriers what content it can or cannot transmit. PIAC says this amounts to a direct conflict.

The application by PIAC also says Bill 74 is inconsistent with past CRTC decisions on website blocking under the Telecommunications Act and that it infringes on the constitutional right to freedom of expression.

“There is a risk that if Quebec is found legally competent to order ISPs to block certain content, other content may be added to the list of what’s acceptable and what isn’t, and other provinces could follow suit,” said Geoffrey White, a lawyer for PIAC. “Given how vital the Internet is to preserving and promoting human rights, including free speech, one province’s foray into ISP regulation could result in the steepest of slippery slopes.”

Last month, the Canadian Wireless Telecommunications Association told the Financial Post that its membership — which includes Vidéotron, Rogers Communications Inc., Bell and Telus Corp. — opposes the legislation in part because it would require expensive new infrastructure, the costs of which could be passed on to consumers.

This is not a trivial or inconsequential legal issue

“All expense, all testing, all staff that may be unnecessary should this law be declared unconstitutional or be repealed will inevitably be paid for by customer rate increases and possibly in reduction in other services or reduction in network performance,” PIAC’s application says.

As part of its submission to the CRTC, the group is requesting an injunction that would allow ISPs to delay blocking websites or implementing any preparatory steps to block them while its application is pending. If granted, that would mean costly expenses for ISPs in the short term, and possibly eliminate the need for their implementation if challenges to Bill 74 are successful.

In 2014, Loto-Québec estimated its online gambling portal Espacejeux accounted for 20 per cent of the Quebec gambling market, which it estimated to be $250 million. Earlier this year, Quebec Finance Minister Carlos Leitao said he expects website blocking to boost Espacejeux’s annual revenue by $13.5 million in the first year and $27 million in years after that.

“We will continue working with Loto-Québec and the Régie des alcools, des courses et des jeux in the coming months, and with the various industry stakeholders to present Quebecers with legal online gambling offers that are accountable and responsive to the regulatory framework,” said Leitao in a statement to the Financial Post. “Recall that online gaming sites which are not operated (or authorized) by Loto-Québec are currently illegal and risky for consumers. Quebec must take the necessary measures to counter illegal online gaming. The CRTC has been informed in advance of our approach.”

Asked about the legal challenge, a spokesperson for Quebec Justice Minister Stéphanie Vallée declined to comment, citing the pending proceeding.

Navdeep Bains, the Federal Minister of Innovation, Science and Economic Development, did not reply to a request for comment.

“All Canadians, including Quebecers, should care about any attempt to influence or control the traffic that ISPs transmit,” said White.

“This is not a trivial or inconsequential legal issue. If provinces are going to be allowed to pass rules about how ISPs operate, Internet service could get even more expensive. If provinces are going to be allowed to order ISPs to block websites, then the cost may be more than financial.”

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